CAREY v. STATE (2022)

District Court of Appeal of Florida, Fourth District.

Gerald F. CAREY, Appellant, v. STATE of Florida, Appellee.

Nos. 4D19-3753, 4D19-3845

Decided: January 05, 2022

Carey Haughwout, Public Defender, and Mara C. Herbert, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Allan R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.

Gerald F. Carey appeals his convictions and sentences for violation of probation and second-degree murder, and he raises two issues. We affirm with respect to the first issue without further discussion.

In the second issue, Carey asserts that the trial court erred by entering a written order sentencing him to fifteen years for the violation of probation after announcing at the sentencing hearing that he would be sentenced to ten years, and by denying his motion to correct this sentencing error. Indeed, “a court's oral pronouncement of sentence controls over the written document.” Ashley v. State, 850 So. 2d 1265, 1268 (Fla. 2003). The state concedes error.

Consequently, we reverse the sentence on the violation of probation and instruct that, on remand, the trial court shall enter a written order matching its oral pronouncement of ten years' imprisonment at the sentencing hearing.

Affirmed in part, reversed in part, and remanded with instructions.

Per Curiam.

Gross, Damoorgian and Ciklin, JJ., concur.

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